San Diegans etc. v. Har Construction

Filed 8/31/15; pub. order 9/17/15 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

SAN DIEGANS FOR OPEN D066514

GOVERNMENT,

Plaintiff and Respondent, (Super. Ct. No. 37-2012-00091137- v. CU-MC-CTL)

HAR CONSTRUCTION, INC.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Eddie C.

Sturgeon, Judge. Affirmed.

Finch, Thornton & Baird, Louis J. Blum and Daniel P. Scholz for Defendant and

Appellant.

Briggs Law Corporation, Cory J. Briggs, Anthony N. Kim, Mekaela M. Gladden

and Isabel E. O'Donnell for Plaintiff and Respondent. Government Code section 1090 prohibits public officers from having a financial

interest in any contract "made by them" in their official capacity.1 If a public official

violates section 1090, the public entity is entitled to recover compensation paid under the

contract without restoring any of the benefits received by the contracting party. A

taxpayer has standing under certain circumstances to bring a section 1090 action to

recover this money on behalf of a public entity.

In…